Right to strike

Subject: Polity

Context:

Three Codes on labour law were passed by Parliament, amid strident criticism and vociferous protests by many trade unions.

Concept:

• The right to strike in the Indian constitution set up is not absolute right but it flow from the fundamental right to form union.
• As every other fundamental right is subject to reasonable restrictions, the same is also the case to form trade unions to give a call to the workers to go on strike and the state can impose reasonable restrictions.
• Supreme court held that the right to strike or right to declare lock out may be controlled or restricted by appropriate industrial legislation

Changes

• The Code on Industrial Relations prohibits strikes and lock-outs in all industrial establishments without notice.
• No unit shall go on strike in breach of contract without giving notice 60 days before the strike, or within 14 days of giving such a notice, or before the expiry of any date given in the notice for the strike.
• Further, there should be no strike during any conciliation proceedings, or within seven days of the conclusion of such proceedings; or during proceedings before an industrial tribunal or 60 days after their conclusion or during arbitration proceedings.
• Similar restrictions have been given on the employer from announcing a lock-out.
• The Industrial Disputes Act, 1947, had placed such restrictions on announcing strikes only in respect of public utility services.
• However, the present Code extends it to all establishments.